Ram Sevak vs State Of U.P. And Another
2019 Latest Caselaw 5915 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- WRIT - C No. - 20004 of 2018
 

 
Petitioner :- Ram Sevak
 
Respondent :- State Of U.P. And Another
 
Counsel for Petitioner :- Sanjeev Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Rohit Nandan Pandey
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

Hon'ble Piyush Agrawal,J.

It is contended on behalf of the petitioner that his application, to issue a character certificate, has been rejected by the District Magistrate, Etah on 26th July, 2017, only on the ground that a Case Crime No. 171-A/2014 under sections 307 & 506 IPC is pending in the Court.

It appears from the record that the petitioner, earlier, preferred Writ C No. 32922 of 2017 for a direction upon the District Magistrate to grant character certificate. The said writ petition was disposed of on 28th July, 2017.

The learned counsel for the petitioner submits that at that time, the petitioner was not aware about the order dated 26th July, 2017, which was passed two days back of the order passed by this Court.

It is submitted that in compliance of the order of this Court dated 28th July, 2017, the District Magistrate passed the impugned order rejecting the claim of the petitioner on the same ground, with an observation that no fresh document has been filed by the petitioner to demonstrate that the order passed by him was erroneous.

The learned counsel has drawn our attention to a charge sheet submitted by the Police in Case Crime No. 171-A/2014 under sections 323/506 IPC, Police Station - Awagarh, District - Etah. A copy of the charge sheet is on the record as Annexure No. 6 to the writ petition.

From the perusal of the charge sheet, it is evident that it has been recorded that the charge under section 307 IPC has been dropped. From the impugned order of the District Magistrate, it seems to us that the charge sheet was not on his record.

In view of the above, we grant liberty to the petitioner to move a fresh representation, along with the charge sheet and all other documents to indicate that no case under section 307 IPC is pending against him.

In the event the petitioner files fresh representation, along with the necessary documents, within two weeks from today, the District Magistrate, Etah shall consider it and pass the appropriate order within six weeks thereafter.

The impugned order shall abide by the result of the fresh order passed by the District Magistrate, Etah.

The writ petition stands disposed of.

Order Date :- 9.7.2019

Amit Mishra